84R13300 CJC-F

By: Elkins H.B. No. 3870

A BILL TO BE ENTITLED

AN ACT

relating to the appointment of a master in chancery in certain counties to aid in the determination of certain ad valorem tax appeals.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subchapter B, Chapter 42, Tax Code, is amended by adding Section 42.241 to read as follows:

Sec. 42.241. MASTERS FOR CERTAIN TAX APPEALS. (a) This section applies only to a district court located in a county with a population of 3.3 million or more.

(b) A district court may appoint a master in chancery to recommend a final judgment in an appeal authorized by Section 42.01. The referring court may appoint no more than two masters in chancery under this section during each year.

(c) To be eligible to serve as a master in chancery, a person must be an attorney licensed in this state and have at least 10 years of experience working in the field of ad valorem tax appraisal or collection.

(d) A master in chancery shall perform all of the duties required by the referring court. The master is subject to the orders of the court.

(e) Subject to the limitations and specifications stated in the referring court's order appointing the master in chancery, the master shall:

(1) regulate all proceedings in a hearing or trial before the master and do all acts and take all measures necessary or proper for the efficient performance of the master's duties under the order;

(2) enforce provisions of the Texas Rules of Civil Procedure regarding discovery and order expedited discovery if appropriate;

(3) rule on the admissibility of evidence;

(4) administer oaths to and examine witnesses;

(5) conduct nonjury trials;

(6) make a record of the trial at the request of a party;

(7) exercise other powers prescribed by the order; and

(8) issue a report including findings of fact and conclusions of law and a recommendation of a final judgment to the referring court.

(f) If a jury demand is made and a jury fee is paid in a matter before the master in chancery, the master shall:

(1) refer each issue that requires a jury to the referring court; and

(2) conduct hearings, make determinations, and issue orders concerning pretrial matters, including motions for summary judgment, motions to compel discovery, and other procedural, interlocutory, and dispositive motions.

(g) A pretrial ruling by a master in chancery from which a writ of mandamus is sought must be appealed to the referring court before initiation of the mandamus proceeding in a court of appeals.

(h) Notwithstanding any other law or requirement, an attorney appointed as a master in chancery under this section may practice law in the referring court if otherwise qualified to do so.

(i) At the conclusion of a hearing or trial conducted by a master in chancery that results in a recommendation of a final judgment, or at the request of the referring court, the master shall transmit to the court all papers relating to the case with the master's signed and dated report and recommendation of a final judgment.

(j) After the master in chancery's report has been signed and filed with the referring court, the master shall provide the report and recommendation to the parties to the case, together with notice of the right to appeal to the court before the recommendation of a final judgment is approved.

(k) After the master in chancery's report and recommendation are filed with the referring court, and unless a party has filed a written notice of appeal to the court, the court may confirm, modify, correct, reject, reverse, or recommit the report and recommendation as the court determines appropriate.

(l) The referring court shall award reasonable compensation to a master in chancery to be paid as costs of court, along with the cost of a court reporter if a record of the proceeding is requested by a party.

(m) A recommendation of final judgment by a master in chancery to the referring court may be appealed in the manner provided by Section 33.74. If an appeal to the court is not filed or the right to an appeal to the court is waived, the findings in the report and recommendation of the master become the decree or order of the court on the court's signing of an order or decree conforming to the master's report and recommendation.

(n) A master in chancery appointed under this section has the immunity granted by law to a master and the judicial immunity granted to a district judge.

SECTION 2. This Act takes effect September 1, 2015.